Imagine driving in Los Angeles when you notice flashing red and blue lights behind your vehicle. You pull over for a routine traffic stop, but when your car is searched, the police find a controlled substance. You’re now being charged with possession of a controlled substance with intent to sell.
What does this mean?
In California, the difference between being a “drug user” and a “drug seller” in the eyes of the law is the difference between a chance at rehabilitation and years behind bars.
At The Law Offices of Mariya Melkonyan, we understand that a charge does not necessarily mean a conviction. Whether you were caught with a small amount of a substance or the police are trying to pin a felony on you based on circumstantial evidence, there are ways to fight back.
Contact us to challenge the evidence and protect your future.
Key Differences Between HS 11350 and HS 11351
Under California drug crime law, two sections of the Health and Safety (HS) Code dominate the landscape:
- HS 11350 – Simple Possession of a Controlled Substance
- HS 11351 – Possession of a Controlled Substance with Intent to Sell
Understanding these is the first step in your defense.
HS 11350: Simple Possession of a Controlled Substance
HS 11350 (Simple Possession) is typically used when someone has drugs for their own personal use. Thanks to voter-approved initiatives like Proposition 47 (also known as the Safe Neighborhoods and Schools Act), this is almost always a misdemeanor. The goal is to get “diversion”, which allows you to complete a treatment program instead of serving jail time. Once completed, your case may even be dismissed.
HS 11351: Possession of a Controlled Substance with Intent to Sell
HS 11351 (Possession for Sale) is a much more aggressive charge in California. When comparing simple possession vs. intent to sell, the later it’s not eligible for Proposition 47 reduction, and it generally does not qualify for mandatory drug diversion programs. This means that it’s almost always considered a felony, so the penalties are higher.
Facing drug charges? Don’t wait. Click here to schedule a consultation with our criminal defense team.
Comparison Chart: HS 11351 vs HS 11350
| Feature | HS 11350 (Simple Possession) | HS 11351 (Intent to Sell) |
| Classification | Usually a Misdemeanor | Straight Felony |
| Potential Jail/Prison | Up to 1 year in county jail | 2 to 4 years in state prison |
| Fines | Up to $1,000 | Up to $20,000 |
| Diversion Eligibility | High (Prop 36 / PC 1000) | Generally Ineligible |
| Immigration Impact | Serious | Often results in Deportation |
Indicia of Sale: What the Prosecutor Uses Against You
How does a prosecutor prove what your intentions were? Unless you made a statement admitting you planned on selling the drugs, the prosecution must rely on circumstantial evidence.
This is known as the indicia of sale.
During a search, police officers will look for specific items that suggest a commercial operation, not just a simple personal habit. Our job as your defense attorneys is to provide an alternative, legal explanation for every one of these factors.
Quantity and Packaging
The most common piece of evidence is the weight of the drugs. If you’re found with an amount that exceeds what a typical user consumes in a day or two, the police will consider it as intent to sell.
They also look at how the drugs are stored. Scales and baggies are commonly used as evidence of intent to sell. If the drugs are divided into several small, individual “bindles,” the police claim you were ready for distribution.
Cash and Communication
How to explain large amounts of cash in a drug arrest? If the police find $2,000 in small denominations in your pocket alongside drugs, they will call it “drug proceeds.” They will also look for “pay-owe” sheets (ledgers of debt) or incriminating text messages.
Defense Strategy 1: Proving “Personal Use”
One of the most effective ways to prove the substances were for personal use, which requires a strategic approach.
When possible, we hire defense narcotics experts, who are usually former law enforcement officers now working for the defense. They can testify that the amount of drugs found, while seemingly large to a layperson, is actually consistent with a heavy, long-term personal addiction.
By shifting the narrative from “a dealer” to ” a normal person struggling with addiction,” we aim to convince the prosecutor to reduce the felony charge to a misdemeanor, opening the door for drug diversion and treatment instead of prison.
Defense Strategy 2: Challenging the Search (The Fourth Amendment)
The most powerful tool in our arsenal is the Motion to Suppress drug evidence (PC 1538.5). Under the Fourth Amendment, you’re protected against unreasonable searches and seizures.
If the police stopped your car without reasonable suspicion, or searched your home without a valid warrant (or a valid exception to the warrant requirement), the evidence they found may be suppressed, which means it won’t be taken into account when passing judgement.
The Fruit of the Poisonous Tree
This is a legal doctrine that means if the initial search was illegal, everything that followed: the drugs, the cash, the confession, is metaphorically “poisoned” and cannot be used against you in court. An illegal search and seizure drug defense can result in the entire case being dismissed, regardless of how many drugs were found.
Common Fourth Amendment violations include:
- Searching a trunk without consent or probable cause.
- Extending a traffic stop longer than necessary to issue a citation.
- Conducting a “pat-down” for weapons but instead searching for small baggies.
Was your car or home searched illegally? Contact The Melkonyan Firm to discuss a Motion to Suppress.
Defense Strategy 3: Constructive Possession
What if the drugs weren’t on you personally? In many drug cases in California, the contraband is found in a shared apartment, a glove box, or under a passenger seat.
The prosecution will try to use the theory of “constructive possession,” which means that even if you weren’t holding the drugs, you had the right to control them. This form of defense is very strong when multiple people have access to the same area.
“It Wasn’t Mine”
To convict you, the prosecutor must prove:
- You knew the drugs were there.
- You knew they were a controlled substance.
- You had “dominion and control” over them.
If the drugs were in a car with three other passengers, or in a common area of a house with several roommates, “proximity” is not “possession.” We aggressively challenge the notion that the drugs belonged to you specifically.
Why You Need a Local Defense Attorney in Los Angeles
The legal system in Los Angeles County is complex. The Glendale branch of the Los Angeles Superior Court has its own rhythms and its own set of prosecutors and judges. Working with a firm that knows this local landscape is vital.
At The Melkonyan Firm, we don’t just look at the police report; we look at the person behind the case. We know that a drug arrest is often the worst day of someone’s life. Our goal is to ensure it doesn’t define the rest of your life.
Criminal Defense Attorney Mariya Melkonyan
With 13 years of experience as a former Deputy District Attorney and a dedicated team of attorneys behind her, Mariya Melkonyan will fight to get the best possible outcome on your restraining order hearing. Schedule a no-obligation case review today.
Possible Outcomes We Strive For:
- Case Dismissal: Often achieved through a Motion to Suppress (PC 1538.5).
- Charge Reduction: Moving from HS 11351 (Felony Sale) to HS 11350 (Misdemeanor Possession).
- Diversion: Securing Prop 36 or PC 1000 eligibility to avoid a criminal record.
- Not Guilty Verdict: Challenging the evidence at trial before a jury.
What’s Next? How to Take Back Control of Your Future
Being charged with intent to sell is a heavy burden, but it’s a challenge that can be met with the right legal strategy. From challenging circumstantial evidence in drug cases to exposing an illegal search and seizure, the defense options are numerous.
Don’t let the prosecution’s narrative be the final word. If you or a loved one has been arrested in Los Angeles, you need a professional and experienced legal team on your side.
Call (424) 901-3131 or visit our Contact Page to schedule your confidential case evaluation.
Frequently Asked Questions
1. Is HS 11351 a felony or misdemeanor in California?
HS 11351 is always a straight felony. Unlike simple possession (HS 11350), which is typically a misdemeanor, possession with intent to sell does not qualify for reduction under Proposition 47. Convictions carry sentences of two, three, or four years in state prison, making an aggressive legal defense absolutely essential.
2. Can possession with intent to sell be reduced to simple possession?
Yes, it is often possible. By challenging the “indicia of sale” – such as showing the drugs were for personal addiction or explaining that baggies weren’t for distribution – we can negotiate a reduction to HS 11350. This shift often makes you eligible for drug diversion programs like Prop 36 instead of jail.
3. What is a Motion to Suppress?
Under PC 1538.5, a Motion to Suppress asks the court to throw out evidence obtained via an illegal search and seizure. If police violated your Fourth Amendment rights, the drugs are considered “Fruit of the Poisonous Tree.” When this motion succeeds, the entire case is frequently dismissed.
4. What if the drugs were found in a shared car or home?
We utilize a constructive possession defense when drugs are found in shared spaces. Proximity is not the same as ownership. To convict, the DA must prove you knew the drugs were there and had “dominion and control” over them – a high bar when multiple people have access.